Ecologies of Regulation Prodromos Tsiavos policy + business + beyond Date: Place: Oslo University

backbone Case: CC project Modalities of regulation Primary Materials past ecologies examples law tech market norms From modalities to ecologies variables regulatory vehicles regulatory engineering ideology legal

[Part A] CASE: Creative Commons

[one] Creative Commons Past + present

[chronicle] Founded st Project: December 2002 Initiation: Berkman/ Harvard Stanford Law School By: James Boyle Michael Caroll Lawrence Lessig Hal Abelson Eric Saltzman Eric Eldred

[an NGO] run by International Lawyers and Academics

[supported] (mother ship): Center for the Public Domain and various other charitable foundations CC-UK: Oxford University: PCMLP

[our role] Creative Commons UK Centre for Socio- Legal Studies Wolfson College OX2 6UD, Oxford Unitied Kingdom Prodromos Tsiavos: CC-UK Legal Project Lead Ashutosh Khanna: CC-UK Technical Advisor

[objective] 2estabilsh middle ground between copyright extremism copyfight anarchy

[two] ecologies

[acknowledge]

[institutional ecology] Nexus of rules

[copyright ecologies] Laws: International Treaties Regional Regulations (EU Directives) National Laws Collecting Societies Enforcement agencies/ organisations Lobbying Bodies Rights’ repositories/ repackaging Licensing Schemes (inter-org) Mass Licensing

[three] ideology

[middle ground] providing a set of user-friendly online licenses combined with a sophisticated search technology authors, musicians and other creators of content can use these licenses to protect some of their ownership rights, while giving others away the result is a new global standard or layer of copyright law promoting the dissemination of digital content and the free exchange of ideas

[four] Legal: licences uncovered

[hybrid] The General Public Licence [Free/Open Source Software]: ShareAlike Derivative Shareware No Commercial Use Other Remix

[three expressions] [1] Human-Readable: Commons Deed [2] Lawyer-Readable: Legal Code [3] Machine-Readable: Meta Data Logo + Link

schematic

Attribution No Commercial Use Derivative Works Share Alike logos

[five] examples

[case One] magnatunes

[case two] European Schoolnet

[case three] Code v.2

[case four] Tate d_cultuRe : d0wnloAd_saMple+cuT-uP: cultuRe

[technology interaction]

[case five] Channel4: pix + mix

[intermission I] B good

[Part B] Some theory: modalities of regulation

[Lawrence (Larry) Lessig] (that’s him) Age: 43 Background: Economics Management Philosophy Law Constitutional law professor Clerk for Richard Posner/ Antonin Scalia Special interest in former Soviet Union democracies Free Speech on the Net IPR - Commons

[his work] [a] meaning/ constitutional interpretation three eras: [b] Modalities of regulation/ free speech/ IPR [c] Creative Commons

[modalities of regulation] Law Architecture Norms Market Related reading: Code and Other Laws of Cyberspace (2000) The new Chicago School (1998) Constitution and Code (1996-7)

[Law] Administrative regulations e.g. OFTEL/ OFCOM Health and safety Environmental Acts Measures/ circulars Copyright Act National Laws Regional Instruments International Conventions level type character Green Light Red Light

[architecture/ technology] Jeremy Bentham (panopticon) Napoleon III (Paris Robert Moses (bridges) Related reading: Architecting innovation (2001) not a new idea

[norms] Thomas Kuhn Constructivists ANT Related reading: R. Ellickson (1991) not a new idea

[market] Chicago School Competition Law Related reading: Williamson (1996) not a new idea

[norms] Law Architecture Technology Market Related reading: Code and Other Laws of Cyberspace (2000) The new Chicago School (1998) Constitution and Code (1996-7)

[what is new then?] Indirect Regulation State as not the only source of law Questioning the role of law (constitution/ DCMA) Politicisation of technology in the legal context

[Intermission II] Stay alive

[Part C] From Modalities to ecologies

[efforts to improve the model] Organisational context Level of understanding Focus on the interactions Murray and Scott (2002) Tsiavos (2004)

[Contractual Agreements] Licences and technology Technology and regulatory environment

[regulatory vehicles] Checking norms across platforms Tsiavos (2005) Digital Rights Management Systems Contractual agreements

[variables] Elasticity Proximity Humility

[regulatory engineering] GOTO CC

please